Data protection law broken ??

Mimi_Arc_en_ciel

Ok everyone knows im paying off OH's debts - so have agreed with 1st Credit that the payment was to be set up as a standing order, out of MY bank account - on the 28th. no problems . . . well today OH got a letter sayng the 25th so i rang them to explain that the date was wrong and spoke to a guy called roger.

Now roger not really being clued up, asked me for the reference number - which i supplied - and before i said anything else, he said "oh your miss XX XXX"

at which point i lost it. I told him that he should not have even said my name but should of asked who i was rather than to assume. It isnt my debt, in only authorised on the account and he had no right to release personal details - even if it is just a name - without him being sure who he was talking to!

Anyway, he made a comment and moved on completely ignoring what i said!

I was FUMING

Rang back to log a complate and was asked for my name, OH's birthday and our address - none of which Roger had asked for. They told me they are going to take this seriously (i doubt it) and that they will sort it out (i really doubt it) and that it wont happen again (it had better not!)

they told me they strive to be the best in "data protection" at which point i cracked out laughing. The good news is that the call WAS recorded (or so they said) so they can listen to what was said. Couldnt believe it had happened!

Deep_In_Debt

Hi
1st Credit or Worst Crudit are well known on this forum, just do a search.

They are my best friends in so far as they have left me alone for the last 6 months when I spouted that they were breaking every rule of the debt collection act. I wrote stroppy letters about them to the world! They broke every rule in the book.

Don't ever speak to these sods on the phone - they are the worst of the worst. Believe me, I've had some dealings with them in the past.

I know it's easy to say but don't let them get to you and don't speak to them on the phone. They will come out will all sorts. Keep everything in writing with them - they will reply to your letters, but asking you to ring them!!!! Just keep writing back...it's a bit of a pain but in the end they eventually get the message, when they realise they can't mess you around.

I've had some real howlers with them.

Good luck with them. you'll need some tenacity.

poet123

Well, it seems to me you want it all ways. You state"everyone knows I am paying OH debts". Then OH gets the letter but you them,then after giving some details they refer to you by name,what is the problem?

Deep_In_Debt

poet, with respect these guys are nasty and will break every rule in the book.

Mimi_Arc_en_ciel

i said everyone knows im sorting OH's debt so that the people who regulary read the debt free board know that that it isnt my account - and the problem is that it wasnt checked who i was - he assumed who i was and gave out my name and he probably would of done the same if any other female rang up. My name isnt on the account and me and OH aren't married - the only reason my name is mentioned is because it is my bank that the payments are coming from. Say my mum had found the letter and rang up - he'd of told her absultley everything having allowed her to access an account because he hadnt took her through any security questions.

Look at it another way, i find you bank details and ring the bank - they dont ask me any questions and tell me your name and i just agree with them that i am infact you and they allowed me acces to your account - would it be a different response then?

poet123

I would agree if he did go on to divulge the account details that he broke data protection,but your from your post that did not happen as you went mad before he got to that point,is that not correct?

Mimi_Arc_en_ciel

yes but what if i hadn't of gone mad at him? he wouldnt of known who he was talking to. He didnt have the foggiest idea of who i was when he decided to blurt my name out and could of quite easily carried on and given out personal information. He never asked me for ANY proof of who i was - such as oh's date of birth or our address. What if i had asked him to check my bank details or something like that? he could of very easily given them out without a second thought. (hopefully he isnt that dumb but you never know with some people)

poet123

Maybe he woul have gone on to ask you to confirm your security details but you never gave him the chance? Similarly,should you really have been ringing?, the correct thing to have done would have been for your OH to ring and then put you on the phone after authorising you to speak.

You are equally guilty,wanting them to speak to you when the account is under another name. The operator may just have been being polite referring to you by name, and would have followed up with the relevant checks. You really cant be sure as you didnt give him the opportunity.

gazindebt

Hi
i had a similar problem with one of my creditors , when they called i refused to answer security questions but they read out the whole of my account No over phone , i wrote and complained and in their reply they stated they are allowed to do so . I am sure they are not allowed to do this so tonight i have just finished filling in the complaint form for the FOS , will post what happens as soon as i hear anything .

Miss_Piggy_2

Not sure who's in the right or wrong here as unsure of what Data Protection Act states, but I must admit to wondering why you were ringing on an account under your OH's name. Surely you were asking them to divulge information to you which they shouldn't?. I admit, its annoying if you think details are being revealed unduly, but maybe you should have allowed him to continue with security questions? I think this is really a case of six of one and half a dozen of another.

Miss P
x

Mimi_Arc_en_ciel

poet123 wrote: »

Maybe he woul have gone on to ask you to confirm your security details but you never gave him the chance? Similarly,should you really have been ringing?, the correct thing to have done would have been for your OH to ring and then put you on the phone after authorising you to speak.

You are equally guilty,wanting them to speak to you when the account is under another name. The operator may just have been being polite referring to you by name, and would have followed up with the relevant checks. You really cant be sure as you didnt give him the opportunity.

im authorised to speak on OH's behalf as he doesnt "deal with them" and i was ringing because i had sent them a letter saying payments on the 28th and they had sent me one back saying 25th - i emailed in but got a response saying that they werent in the office as the girl in question was on holiday and i wanted to check the email would be picked up and the date would be changed before it was logged as a default. I generally doubt i would of been asked for further info and just because i mentioned to him that he shouldnt be giving my name out doesnt mean i am who i say i am does it - he should of still asked me to confirm other details - normally i have to give my name, OH's name, his date of birth and our address before im even allowed to say anything.